Naval Forces Regulations (Amendment) (Cth)

STATUTORY RULES.

1965. No. 67.

REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1964.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1964.

Dated this  27th

day of  May,  1965.

HENRY ABEL SMITH

Administrator.

By His Excellency's Command,

F. CHANEY

Minister of State for the Navy.

Amendments of the Naval Forces Regulations. 

Heading.

1. The heading to Section I. of Part I. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 1.—Preliminary".

2. Regulation 3 of the Naval Forces Regulations is repealed and the following regulation inserted in its stead:—

Parts.

"3. These Regulations are divided into Parts, as follows:—

Part  I.—General.

Division 1—Preliminary (Regulations 1-6a).

Division 2—Application of the Naval Discipline Act to the Naval Forces (Regulations 8-10).

Division 3—The Naval Board (Regulations 11-20).

Division 3a—Judge Advocate General (Regulations 20a-20b).

Division 5—Rank and Command (Regulations 31-36a).

Division 8—Imprisonment and Detention (Regulation 40a).

Division 9—Miscellaneous (Regulations 40b-40c).

* Notified in the Commonwealth Gazette on 3 June, 1965.

  Statutory Rules 1935, No. 133, as amended by Statutory Rules 1936, Nos. 63 and 119; 1938, Nos. 20, 46, 70 and 91; 1939, Nos. 26, 27, 72 and 143; 1940, Nos. 123, 135, 147, 197, 217 and 240; 1941, Nos. 21, 187, 215 and 242; 1942, Nos. 48 and 202; 1943, No. 42; 1944, No. 63; 1946, Nos. 26 and 32; 1947, Nos. 34 and 130; 1948, Nos. 37, 87, and 88; 1950, Nos. 4 and 26; 1951, Nos. 53, 66 and 165; 1953, No. 19; 1954, Nos. 28, 115 and 123; 1955, Nos. 5 and 16; 1956, No. 78; 1958, No. 88; 1959, No. 38; 1961, Nos. 51 and 67; 1963, Nos. 113 and 145; and 1964, Nos 143 and 157, and 1965, No. 56.

16/65.—Price 1s 9/29.4.1965

Part II.—Permanent Naval Forces.

Division 1—Entry and Promotion of Officers and Men (Sea-going) (Regulations 41-82).

Division 2—Entry and Promotion of Officers and Men (Auxiliary Services) (Regulations 84-98).

Division 3—Half-Pay and Retirement (Regulations 99-121).

Division 4—Discipline (Regulations 124-137).

Division 5—Leave of Absence (Regulations 138-148).

Division 8—Miscellaneous (Regulations 155-166).

Part III.—Naval Emergency Reserve Forces (Regulations 167-179).

Part IV.—Citizen Naval Forces (Regulation 180).".

Definitions.

3. Regulation 4 of the Naval Forces Regulations is amended—

(a)by omitting the definition of "Naval Board" and inserting in its stead the following definition:—

" 'Naval Board' means the Board of Administration for the Naval Forces constituted under section 7 of the Act.";

(b) by omitting the definitions of "officer" and "men" and inserting in their stead the following definition:—

"'Man' means a member of the Naval Forces other than an officer.";

(c) by omitting the definition of "Seamen Class"; and

(d) by omitting the definition of "The Acts" and inserting in its stead the following definition:—

" 'The Act' means the Naval Defence Act 1910-1964.".

Heading to Section II. of Part I.

4. The heading to Section II. of Part I. of the Naval Forces Regulations, and regulation 7 of those Regulations, are repealed and the following heading is inserted in its stead:—

"Division 2.—Application of the Naval Discipline Act to the Naval Forces.".

Modifications, &c., of the Naval Discipline Act.

5. Regulation 8 of the Naval Forces Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

"(1.) The Naval Discipline Act, in its application to and in relation to the Naval Forces by virtue of section 34 of the Act, is subject to the exceptions, modifications and adaptations set out in the Schedule to these Regulations.".

Queen's Regulations.

6. Regulation 9 of the Naval Forces Regulations is repealed.

Heading to Section III. of Part I.

7. The heading to Section III. of Part I. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

" Division 3.—The Naval Board.".

Operations of war in absence of First Naval Member.

8. Regulation 19 of the Naval Forces Regulations is repealed.

Heading to Section IIIa. of Part I.

9. The heading to Section IIIa, of Part I. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 3a.—Judge Advocate General.".

Repeal of Section IV. of Part I.

10. Section IV. of Part I. of the Naval Forces Regulations is repealed.

Heading to Section V. of Part I.

11. The heading to Section V. of Part I. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 5.—Rank and Command.".

Sections VI. and VII. of Part I.

12. Sections VI. and VII. of Part I. of the Naval Forces Regulations are repealed.

Heading to Section VIII. of Part I.

13. The heading to Section VIII. of Part I. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 8.—Imprisonment and Detention.".

14. After regulation 40a of the Naval Forces Regulations the following Division is inserted in Part I—

“Division 9.—Miscellaneous.”.

Uniforms.

"40b. The uniforms to be worn by members of the Naval Forces, and the circumstances in which a member of those Forces is required or permitted to wear uniform, are as approved by the Naval Board.

Cancellation of officer's Commission.

"40c. A notice under sub-section (2.) of section 12 of the Act shall—

(a) be in writing;

(b) specify a date on or before which the officer may answer, in writing; and

(c) be served on the officer by being—

(i) delivered to the officer personally; or

(ii) posted (under pre-paid postage) as a letter to the officer at the last address of the officer known to the Naval Board.".

Heading to Section I. of Part II.

15. The heading to Section I. of Part II. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 1.—Entry and Promotion of Officers and Men (Sea-going).".

Men lent from Royal Navy.

16. Regulation 83 of the Naval Forces Regulations is repealed.

Heading to Section II. of Part II.

17. The heading to Section II. of Part II. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 2.—Entry and Promotion of Officers and Men (Auxiliary Services).".

Heading to Section III. of Part II.

18. The heading to Section III. of Part II. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 3.—Half-Pay and Retirement.".

Dismissal.

19. Regulation 101 of the Naval Forces Regulations is repealed.

Repeal of regulations 108 and 109.

20. Regulations 108 and 109 of the Naval Forces Regulations are repealed.

Uniform.

21. Regulation 112 of the Naval Forces Regulations is repealed.

Training period.

22. Regulation 114 of the Naval Forces Regulations is repealed.

Heading to Section IV. of Part II.

23. The heading to Section IV. of Part II. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 4.—Discipline.".

Repeal of regulations 122 and 123.

24. Regulations 122 and 123 of the Naval Forces Regulations are repealed.

Heading to Section V. of Part II.

25. The heading to Section V. of Part II. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 5.—Leave of Absence.".

Home service leave.

26. Regulation 133 of the Naval Forces Regulations is amended by omitting paragraph (a) of sub-regulation (6.) and inserting in its stead the following paragraph:—

"(a) in the case of a member of the Royal Australian Navy—service of the member in Australia or in an area adjacent to Australia declared by the Naval Board to be an area to which this regulation applies and service of the member in a ship outside Australia and that area approved by the Naval Board as home service for the purposes of this regulation; and".

Leave in respect of service abroad.

27. Regulation 141 of the Naval Forces Regulations is amended by omitting paragraph (a) of sub-regulation (6.) and inserting in its stead the following paragraph:—

"(a) in the case of a member of the Royal Australian Navy—service of the member outside Australia and any area declared by the Naval Board to be an area to which regulation 138 of these Regulations applies, other than service of the member approved by the Naval Board as home service for the purposes of that regulation; and".

Repeal of Section VII. of Part II.

28. Section VII. of Part II. of the Naval Forces Regulations is repealed.

Heading to Section VIII. of Part II.

29. The heading to Section VIII. of Part II. of the Naval Forces Regulations is repealed and the following heading inserted in its stead:—

"Division 8.—Miscellaneous.".

Repeal of regulations 158, 159 and 160.

30. Regulations 158, 159 and 160 of the Naval Forces Regulations are repealed.

31. Regulations 167, 168 and 169 of the Naval Forces Regulations, and the heading preceding regulation 169 of those Regulations, are repealed and the following Parts inserted in their stead:—

"Part III.—Naval Emergency Reserve Forces.

Transfer of officers.

"167.—(1.) The Naval Board may transfer to the Naval Emergency Reserve Forces an officer in the Permanent Naval Forces or the Citizen Naval Forces who—

(a) volunteers for service in the Naval Emergency Reserve Forces; and

 (b) has not attained the age, in the case of an officer holding the rank of captain, of fifty-three years or, in any other case, of forty-eight years.

"(2.) The last preceding sub-regulation does not apply to an officer holding the rank of Rear Admiral or a higher rank or to a subordinate officer.

Rank of officer on transfer.

"168.—(1.) Subject to the next succeeding sub-regulation, an officer who is transferred to the Naval Emergency Reserve Forces holds, upon being so transferred, the rank that he held in the Permanent Naval Forces or the Citizen Naval Forces, as the case may be, immediately before the transfer.

"(2.) Where an officer of the Naval Emergency Reserve Forces held an acting rank or an honorary rank immediately before his transfer to those Forces, the officer holds, upon the transfer, the rank last held by him that was not an acting rank or an honorary rank.

Enlistment of men.

"169.—(1.) A person is not eligible to enlist as a man in the Naval Emergency Reserve Forces unless—

(a) he has served in the Permanent Naval Forces or the Citizen Naval Forces for a period of not less than three years.

(b) he held, immediately before being discharged from the Forces in which he so served, a rating not lower than the rating of Able Seaman; and

(c) he has not attained the age of forty-eight years.

Periods of engagement.

"170. The prescribed period, for the purposes of section 25 of the Act, in the case of enlistment in the Naval Emergency Reserve Forces is—

(a) in the case of a person who has not attained the age of forty-five years—five years; or

(b) in the case of a person who has attained the age of forty-five years but has not attained the age of forty-eight years—a period expiring on the date on which he will attain the age of fifty years.

Rating on enlistment.

"171.—(1.) Subject to the next succeeding sub-regulation, a person who enlists as a man in the Naval Emergency Reserve Forces holds, upon enlistment, the rating of Able Seaman or the relative rating in the part of those Forces in which he is to serve.

"(2.) Where a person who enlists as a man in the Naval Emergency Reserve Forces held, immediately before being discharged from the Permanent Naval Forces or the Citizen Naval Forces, as the case may be, a rating higher than the rating of Able Seaman and the person is to serve in a part of the Naval Emergency Reserve Forces in which the lowest rating is a rating higher than Able Seaman, the person holds, upon enlistment, the lowest rating in that part of those Forces.

Re-engagement for service.

"172.—(1.) A man who has attained the age of forty-eight years is not eligible to be re-engaged for further service in the Naval Emergency Reserve Forces.

"(2.) For the purposes of sub-section (2.) of section 25 of the Act, the period for which a man in the Naval Emergency Reserve Forces may volunteer to serve is two years.

Advancement and reversion if men.

"173. A man serving in the Naval Emergency Reserve Forces may, in such circumstances as the Naval Board approves and in accordance with conditions approved by the Naval Board, be advanced to a higher rating or reverted to a lower rating by the Naval Board or by an officer authorized by the Naval Board to advance or revert him in the circumstances of the particular case.

Retiring ages.

"174. For the purposes of section 17 of the Act, the age for the compulsory retirement of a member of the Naval Emergency Reserve Forces is—

(a) in the case of a member holding the rank of captain—fifty-five years; or

(b) in any other case—fifty years.

Prescribed authority.

"175.—(1.) The Naval Board is the prescribed authority for the purposes of sub-section (3.) and sub-section (7.) of section 32 of the Act.

"(2.) The Naval Board and the officer holding the office, or performing the duties of the office, of Second Naval Member of the Naval Board are each a prescribed authority for the purposes of sub-section (6.) of section 32 of the Act.

Period of service.

"176.—(1.) Subject to the next succeeding sub-regulation, a period of thirteen days is the period, or periods amounting in the aggregate to thirteen days are the periods, of naval service that a member of the Naval Emergency Reserve Forces is bound to render in a training year for the purposes of sub-section (1.) of section 32 of the Act.

"(2.) Where, in a training year, a member of the Naval Emergency Reserve Forces has rendered continuous full time naval service for a period of not less than thirteen days, the member is not bound to render any further naval service during that training year under sub-section (1.) of section 32 of the Act.

"(3.) For the purpose of this regulation, 'training year', in relation to a member of the Naval Emergency Reserve Forces, means a period of twelve consecutive months commencing on the date of the member's transfer or appointment to, or enlistment in, the Naval Emergency Reserve Forces or on an anniversary of that date, as the case requires.

Voluntary naval service.

"177. A member of the Naval Emergency Reserve Forces may, at any time, voluntarily undertake to render naval service, other than continuous full time naval service, on an occasion or on occasions when he would not otherwise be employed on naval service and, if that undertaking is accepted, he is bound to render naval service in accordance with the undertaking.

Leave of absence.

"178. The provisions of Division 5 of Part II. of these Regulations apply to and in relation to a member of the Naval Emergency Reserve Forces who is rendering continuous full time naval service as if he were a member of the Permanent Naval Forces.

Discharge of men.

"179. A man serving in the Naval Emergency Reserve Forces may be discharged from those Forces, otherwise than under section 28 or 29 of the Act, upon any of the following grounds, namely—

(a) that he is medically unfit for naval service;

(b) that he is unsuitable for further naval service;

(c) that his services are no longer required;

(d) that he made a false or misleading statement in connexion with his enlistment in the Naval Emergency Reserve Forces; or

(e) that he is to be appointed an officer of the Naval Forces.

"Part IV.—Citizen Naval Forces.

Prescribed authority

"180.—(1.) The Naval Board and the officer holding the office, or performing the duties of the office, of Second Naval Member of the Naval Board are each a prescribed authority for the purposes of subsection (3.) of section 32a of the Act.

 

"(2.) The Naval Board is a prescribed authority for the purposes of section 50b of the Defence Act 1903-1964 in its application to the Naval Forces and the members of those Forces.".

The Schedule

32. The Schedule to the Naval Forces Regulations is amended by omitting item (47.) and inserting in its stead the following items:—

"(47.)	136 and 137 .................................	Omit the whole of the sections.
(48.)	138 ..............................................	Omit sub-section (2.).
(49.)	The First Schedule ........................	Omit from paragraph 3 the words "Notwithstanding anything in section two hundred and one of the Army Act, 1955, a sentence" and insert in their stead the words "A sentence".
	The Third, Fourth, Fifth, Sixth and Seventh Schedules	Omit the whole of these Schedules.".

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.